Cottier, Thomas --- "International trade, human rights and policy space" [2017] ELECD 689; in Biukovic, Ljiljana; Potter, B. Pitman (eds), "Local Engagement with International Economic Law and Human Rights" (Edward Elgar Publishing, 2017) 3

Book Title: Local Engagement with International Economic Law and Human Rights

Editor(s): Biukovic, Ljiljana; Potter, B. Pitman

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785367182

Section: Chapter 1

Section Title: International trade, human rights and policy space

Author(s): Cottier, Thomas

Number of pages: 23

Abstract/Description:

The call for domestic policy space characterizes recent debates on trade and investment in international economic law. In the wake of globalization, the creation of the World Trade Organization and a number of new agreements, critics deplore the loss of policy space in domestic law and on national levels, particularly in developing countries. As trade liberalization has reached an end, the call for more domestic policy space and a less intrusive framework of international law has become urgent. This chapter illuminates that policy space is a neutral concept, equally applying to domestic law and to the realm of international law and within different layers. From the point of view of regulatory theory and the doctrine of multilevel governance, policy space amounts to an inherent and necessary component. While it is mainly invoked as a means to increase the scope for domestic action and to limit the impact of international law, regulatory theory suggests using the concept in a neutral manner, realizing appropriate allocation of powers to domestic law, international law and among different bodies on layers of governance. In addition, international trade law is a prime example of the need for carefully protecting policy space on the level of international law to limit pre-existing domestic policy space. The relationship between trade and human rights is especially complex. Historically sharing the same roots, human rights and trade policy have developed in completely separate fora and constituencies. Effective protection of human rights calls for less domestic policy space and stronger guarantees and procedures in international law. This chapter therefore concludes that trade, human rights and policy space are inherently intertwined and need to be dealt with accordingly.